Pretzel & Stouffer

Court tosses claims against retail store alleging violation of section 1983 and malicious prosecution

Partners Jim Sipchen and Amy Thompson obtained a significant victory for a large retail store in a case brought by a plaintiff who had a reversed criminal conviction for shoplifting items from the store. The plaintiff had alleged that two security guards employed at the store testified falsely at his criminal trial which had resulted in him being wrongfully incarcerated in violation of Section 1983 and as a result of malicious prosecution. The court dismissed the case in an opinion which addressed a number of legal defenses and arguments ranging from absolute immunity, state action requirements and the failure of being able to meet the elements of a common law malicious prosecution claim. The court’s opinion can be found at 2013 U.S. Dist. LEXIS 103312 (N.D. Ill.).

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